Text file: 6219.txt
author: Brank
downvotes: 1
end consideration date: 2014-11-22
id: '6219'
number comments: 2
number views: 2480
proposal type: Competent authority response
response: "Response by the Ministry of Labour, Family, Social Affairs and Equal Opportunities\n\
  With regard to the submitted proposal, the Ministry of Social Affairs and Social\
  \ Welfare explains that the Law on Pension and Disability Insurance (Official Journal\
  \ of the Republic of Slovenia, No 96/12, 39/13, hereinafter referred to as ZPIZ-2)\
  \ regulates the so-called lump sum in Article 20 of the Law on Pension and Disability\
  \ Insurance. Article 20, which provides that a person who independently carries\
  \ out a gainful or other permitted activity, but is not insured under Article 15\
  \ of this Act, in the course of carrying out that activity, shall, inter alia, be\
  \ compulsorily insured in respect of special cases of insurance or for disability\
  \ and death resulting from an occupational injury or occupational disease. The period\
  \ of such insurance shall not be counted as insurance period under the legislation\
  \ in force, nor shall it be taken into account in the calculation of the old-age\
  \ pension.\nThus, in the light of the foregoing, special cases insurance does not\
  \ really confer any rights by virtue of the occurrence of an insurable risk of old\
  \ age, in other words, persons insured on the basis of the insurance in question\
  \ do not receive any insurance period under that insurance, and the contributions\
  \ in question are not taken into account in the calculation of the old-age pension.\
  \ However, it should be pointed out that the ZPIZ-2 does not only regulate insurance\
  \ in the event of the occurrence of the insurable risk of old age, but also regulates\
  \ rights in the event of the occurrence of other insurable risks, including death\
  \ and invalidity. The article in question regulates insurance against the risk of\
  \ death or disability resulting from an occupational injury or disease arising out\
  \ of work carried out in the course of a person's self-employed activity and, in\
  \ the event of the occurrence of the risks in question, it also confers certain\
  \ rights. In the event of invalidity or death resulting from the pursuit of that\
  \ activity, a person insured on a basis other than that of pursuing the activity\
  \ could not be recognised as suffering an occupational injury or disease, even though\
  \ the injury was causally connected with the pursuit of the activity, and would\
  \ consequently be entitled to lower rights, since the rights in the event of invalidity\
  \ depend on the cause of the invalidity.\nThe flat-rate contribution paid by self-employed\
  \ persons who are compulsorily insured on another basis thus also carries with it\
  \ rights, of course, in the event of the occurrence of the risk for which the person\
  \ is insured under the insurance in question. Since the person in the present case\
  \ is not insured against the risk of old age, since he is insured against that risk\
  \ on another basis, he cannot have any rights under the flat-rate insurance in the\
  \ event of that risk. However, the insurance in question is necessary and important\
  \ in view of the possible occurrence of the insured risk of disability or death\
  \ resulting from an occupational injury or disease, since a person insured on a\
  \ basis other than occupation would not be entitled to the benefit of an occupational\
  \ injury or disease, even though the injury was causally linked to the occupation,\
  \ and would consequently be entitled to lower benefits, since benefits in the event\
  \ of the occurrence of a disability depend on the cause of the disability.  Similarly,\
  \ under the insurance in question, in the event of the death of the insured person,\
  \ the survivors are entitled to a survivor's or survivor's pension of the same amount\
  \ as if the insured event had occurred under compulsory insurance. In the light\
  \ of the foregoing, we consider that the regulation of special cases of insurance\
  \ is appropriate and that, on the basis of the payment of contributions, insured\
  \ persons may acquire rights, but only, of course, in the event of the occurrence\
  \ of an insured risk, which is, after all, a characteristic of all insurance systems,\
  \ which make the acquisition of a right conditional on the occurrence of a future\
  \ uncertain fact or the occurrence of an insured risk covered by a particular insurance.\
  \ The specific case of insurance covering the occurrence of invalidity or death\
  \ resulting from an occupational injury or disease does not, therefore, provide\
  \ benefits in the event of the occurrence of the insurable risk of old age, since\
  \ the insured person is not insured for the insurable risk of old age under this\
  \ insurance.\n "
response date: 2014-12-02
response due date: null
sent date: 2014-10-24
title: Lump sum for SPIZ
upvotes: 11
url: https://predlagam.vladi.si/predlog/6219
